KALURI BALAKRISHNA RAO Vs. STATE

JUDGEMENT

(1.) This is an appeal against a decree of dismissal of a suit filed by the appellants for a declaration that the Kudiwaram interest in the suit property did not vest in the State of Orissa pursuant to the vesting notification dt. 11-12-64 directing vesting of intermediary interests and for a declaration that the entries in favour of defendants 4 to 34 in the record-of-rights finally published in 1952 were without jurisdiction and for permanent injunction restraining the State of Orissa from interfering with the appellant's possession.

(2.) The plaint case shortly stated is that the lands described in the schedule appended to the plaint were enfranchised minor inam granted in the year 1791. In 1862 during the enquiry into the inams, it transpired that the Inamdars and their alienees had reclaimed the land and made the same cultivable. So, title deed No. 486 was issued. The plaintiff-appellants have alleged that both the Melwaram and Kudiwaram interests inhered in the Inamdars. Defendants 4 to 34 were temporary tenants merely and had no occupancy rights in the suit lands. The Kudiwaram rights have been recognised by the Civil Court. After the enactment of the Orissa Estates Abolition Act, 1951, the State of Orissa issued a notification in 1954 directing vesting of estates. Some of the Inamdars filed O. J. C. No. 254 of 1954 in this Court for annulment of the notification on the ground that the lands did not constitute an estate. At the hearing on the concession of the learned Advocate General for the State, the notification in respect of the suit lands was quashed. In 1954, the definition of expression 'estate' was amended by Orissa Act 17 of 1954 making it more comprehensive. The inamdars and some others filed writs challenging the vires of the Amending Act. This Court upheld the validity of the Amending Act. The Supreme Court also confirmed the decision of this Court. It was held that the amended definition included inams of any kind. It made little difference whether it comprised whole villages or lands in the villages, whether the holders were not intermediaries or whether the inam comprised both the Melwaram and Kudiwaram rights.

(3.) By Orissa Act 15 of 1956, the Orissa Legislature amended the definition of the expressions 'intermediary' and 'intermediary interests' and added S.3A to the statute. The suit lands were declared to vest by notification dt. 11-12-64. Thereupon O. J. C No. 86 of 1965 was filed. At the hearing objection was raised on behalf of the State to the maintainability of the writ application on the ground that the tenants in whose favour pattas had been issued in 1952 had not been made parties to the writ application. This Court permitted withdrawal upholding the objection. While permitting withdrawal this Court made an observation to the following effect: